| Court: | nyed |
| Docket #: | 2:14-cv-01434 |
| Case Name: | Batres et al v. Valente Landscaping Inc. et al |
| PACER case #: | 353260 |
| Date filed: | 2014-03-04 |
| Date terminated: | 2016-09-19 |
| Assigned to: | Magistrate Judge Steven I. Locke |
| Case Cause: | 15:2(a) Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Roberto Batres Plaintiff on behalf of himself and all others similarly situated |
Ilan Weiser Marijana F Matura Troy L. Kessler Garrett D. Kaske |
| Josue N. Batres Plaintiff |
Ilan Weiser Marijana F Matura Troy L. Kessler Garrett D. Kaske |
| Jose D. Batres Plaintiff individually |
Ilan Weiser Marijana F Matura Troy L. Kessler Garrett D. Kaske |
| Valente Landscaping Inc. Defendant |
Raymond Anthony Giusto |
| Mary Valente Defendant an individual |
Raymond Anthony Giusto |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-03-04 | 1 | 0 | COMPLAINT against Mary Valente, Valente Landscaping Inc. filing fee $ 400, receipt number 0207-6768315 Disclosure Statement on Civil Cover Sheet completed -No.,, filed by Roberto Batres, Jose D. Batres, Josue N. Batres. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit A) (Matura, Marijana) (Entered: 03/04/2014) | |||
| 2014-03-04 | 2 | 0 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMorrow, Karen) (Entered: 03/04/2014) | |||
| 2014-03-05 | 3 | 0 | Summons Issued as to Mary Valente, Valente Landscaping Inc. (Fagan, Linda) (Entered: 03/05/2014) | |||
| 2014-03-05 | 4 | 0 | CONSENT to become party in a collective action. by Jose D. Batres, Josue N. Batres, Roberto Batres (Matura, Marijana) (Entered: 03/05/2014) | |||
| 2014-03-07 | 5 | 0 | SUMMONS Returned Executed by Roberto Batres. Valente Landscaping Inc. served on 3/6/2014, answer due 3/27/2014. (Kessler, Troy) (Entered: 03/07/2014) | |||
| 2014-03-07 | 6 | 0 | SUMMONS Returned Executed by Roberto Batres. Mary Valente served on 3/6/2014, answer due 3/27/2014. (Kessler, Troy) (Entered: 03/07/2014) | |||
| 2014-03-24 | 7 | 0 | ANSWER to Complaint by All Defendants. (Giusto, Raymond) (Entered: 03/24/2014) | |||
| 2014-04-02 | 8 | 0 | ORDER The court has prepared a proposed scheduling order. Counsel are directed to carefully read all three documents associated with this entry - the Order, the Proposed Scheduling Order, and the Individual Rules - and to meet and confer as directed in the Order. Ordered by Magistrate Judge William D. Wall on 4/2/2014. (Attachments: # 1 Proposed Scheduling Order, # 2 WDW Individual Rules) (Gandiosi, Kristin) (Entered: 04/02/2014) | |||
| 2014-04-24 | 9 | 0 | SCHEDULING ORDER: Completion of discovery by 1/7/15; See attached order for additional deadlines. The next pretrial conference will be held on 2/5/2015. Ordered by Magistrate Judge William D. Wall on 4/24/2014. (Gandiosi, Kristin) (Entered: 04/28/2014) | |||
| 2014-05-14 | 10 | 0 | Letter MOTION to Certify FLSA Collective Action by Jose D. Batres, Josue N. Batres, Roberto Batres. Responses due by 5/20/2014 (Attachments: # 1 Exhibit A - Declaration of Roberto Batres, # 2 Exhibit B - Declaration of Josue N. Batres, # 3 Exhibit C - Declaration of Jose D. Batres, # 4 Exhibit D - Declaration of Ines Linares, # 5 Exhibit E - Proposed Notices of Pendency and Consent to Join Form) (Matura, Marijana) (Entered: 05/14/2014) | |||
| 2014-05-20 | 11 | 0 | RESPONSE to Motion re 10 Letter MOTION to Certify FLSA Collective Action filed by Mary Valente, Valente Landscaping Inc.. (Giusto, Raymond) (Entered: 05/20/2014) | |||
| 2014-05-21 | 12 | 0 | ORDER granting 10 Motion to Certify FLSA Collective Action. See attached. As noted in the order,defendants shall, within two weeks of the date of this order, supply plaintiffs with a list of names and last known physical addresses of potential class members employed by defendants from March 4, 2008 through the present. Ordered by Magistrate Judge William D. Wall on 5/21/2014. (Hepworth, F.) (Entered: 05/21/2014) | |||
| 2014-06-13 | 13 | 0 | CONSENT to become party in a collective action. by Roberto Batres (Kessler, Troy) (Entered: 06/13/2014) | |||
| 2014-06-19 | 14 | 0 | CONSENT to become party in a collective action. by Roberto Batres (Kessler, Troy) (Entered: 06/19/2014) | |||
| 2014-06-23 | 15 | 0 | CONSENT to become party in a collective action. by Roberto Batres (Kessler, Troy) (Entered: 06/23/2014) | |||
| 2014-06-24 | 16 | 0 | CONSENT to become party in a collective action. by Roberto Batres (Kessler, Troy) (Entered: 06/24/2014) | |||
| 2014-07-11 | 17 | 0 | CONSENT to become party in a collective action. by Jose D. Batres, Josue N. Batres, Roberto Batres (Kessler, Troy) (Entered: 07/11/2014) | |||
| 2014-07-11 | 18 | 0 | NOTICE of Appearance by Garrett D. Kaske on behalf of All Plaintiffs (aty to be noticed) (Kaske, Garrett) (Entered: 07/11/2014) | |||
| 2014-07-31 | 19 | 0 | CONSENT to become party in a collective action. by Jose D. Batres, Josue N. Batres, Roberto Batres (Kessler, Troy) (Entered: 07/31/2014) | |||
| 2014-08-22 | 20 | 0 | ORDER: The parties are advised that, absent a specific order to the contrary, all previously established discovery deadlines and conference dates remain in effect. See attached order for additional directions. Ordered by Magistrate Judge Steven I. Locke on 8/22/14. (Attachments: # 1 SIL Rules) (Disbrow, Sandra) (Entered: 08/22/2014) | |||
| 2014-08-22 | 21 | 0 | MOTION to Compel by Jose D. Batres, Josue N. Batres, Roberto Batres. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Kaske, Garrett) (Entered: 08/22/2014) | |||
| 2014-08-26 | 22 | 0 | RESPONSE to Motion re 21 MOTION to Compel filed by All Defendants. (Giusto, Raymond) (Entered: 08/26/2014) | |||
| 2014-12-11 | 23 | 0 | Letter MOTION for Extension of Time to Complete Discovery by Mary Valente, Valente Landscaping Inc.. (Giusto, Raymond) (Entered: 12/11/2014) | |||
| 2014-12-12 | 24 | 0 | ORDER granting 23 Motion for Extension of Time to Complete Discovery. Completion of discovery by 3/7/15; see attached order for additional directives. The pretrial conference scheduled for 2/5/15 is adjourned to 4/14/15, the date proposed by the parties being unavailable. Ordered by Magistrate Judge Steven I. Locke on 12/12/2014. (Disbrow, Sandra) (Entered: 12/12/2014) | |||
| 2015-02-25 | 25 | 0 | Letter MOTION for Extension of Time to Complete Discovery by Mary Valente, Valente Landscaping Inc.. (Giusto, Raymond) (Entered: 02/25/2015) | |||
| 2015-06-18 | 26 | 0 | Letter MOTION for Extension of Time to Complete Discovery by Mary Valente, Valente Landscaping Inc.. (Giusto, Raymond) (Entered: 06/18/2015) | |||
| 2015-07-14 | 27 | 0 | NOTICE of Change of Firm's Address by Marijana F Matura (Matura, Marijana) (Entered: 07/14/2015) | |||
| 2015-07-14 | 28 | 0 | NOTICE of Change of Firm Address by Troy L. Kessler (Kessler, Troy) (Entered: 07/14/2015) | |||
| 2015-07-16 | 29 | 0 | NOTICE of Change of Address by Garrett D. Kaske (Kaske, Garrett) (Entered: 07/16/2015) | |||
| 2015-07-16 | 30 | 0 | Letter MOTION to Withdraw as Attorney - Ilan Weiser by Jose D. Batres, Josue N. Batres, Roberto Batres. (Kessler, Troy) (Entered: 07/16/2015) | |||
| 2015-09-14 | 31 | 0 | First MOTION to Adjourn Conference from October 14, 2015 at 2:30 p.m. to either December 8, 9, 15, or 16, 2015, Fourth MOTION for Extension of Time to Complete Discovery from September 15, 2015 to November 16, 2015 by Roberto Batres. (Kaske, Garrett) (Entered: 09/14/2015) | |||
| 2015-11-12 | 32 | 0 | Fifth MOTION for Extension of Time to Complete Discovery from November 16, 2015 to January 15, 2016., First MOTION to Adjourn Conference from December 16, 2015 at 10:00 a.m. to either February 15, 16 or 17, 2016, but schedule a status conference for December 15, 2015 at 10:00 a.m. by Jose D. Batres, Josue N. Batres, Roberto Batres. (Kaske, Garrett) (Entered: 11/12/2015) | |||
| 2015-12-16 | 33 | 0 | Minute Entry for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 12/16/2015. Final Pretrial Conference set for 2/22/2016 at 10:30 AM before Magistrate Judge Steven I. Locke. (Tape #10:14-10:18.) (Gandiosi, Kristin) (Entered: 12/16/2015) | |||
| 2016-02-19 | 34 | 0 | First MOTION to Adjourn Conference set for February 22, 2016 at 10:30 am by Jose D. Batres, Josue N. Batres, Roberto Batres. (Kaske, Garrett) (Entered: 02/19/2016) | |||
| 2016-03-21 | 35 | 0 | Consent MOTION for Extension of Time to File for Settlement Approval from March 22, 2016 to April 18, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 03/21/2016) | |||
| 2016-04-15 | 36 | 0 | CONSENT to Jurisdiction by US Magistrate Judge by Jose D. Batres, Josue N. Batres, Roberto Batres. (Kaske, Garrett) (Entered: 04/15/2016) | |||
| 2016-04-15 | 37 | 0 | Second MOTION for Extension of Time to File for Settlement Approval from April 18, 2016 to May 2, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 04/15/2016) | |||
| 2016-04-18 | 38 | 0 | CONSENT to Jurisdiction by US Magistrate Judge by Jose D. Batres, Josue N. Batres, Roberto Batres, Mary Valente, Valente Landscaping Inc.. Case reassigned to Magistrate Judge Steven I. Locke to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. ยง636(c) and Fed. R. Civ. P. 73. Ordered by Judge Leonard D. Wexler on 4/18/16. cm by cm/ecf. (Mahon, Cinthia) (Entered: 04/19/2016) | |||
| 2016-05-02 | 39 | 0 | Third MOTION for Extension of Time to File for Settlement Approval from May 2, 2016 to May 16, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 05/02/2016) | |||
| 2016-05-16 | 40 | 0 | Letter MOTION for Extension of Time to File Settlement Documents by Mary Valente, Valente Landscaping Inc.. (Giusto, Raymond) (Entered: 05/16/2016) | |||
| 2016-06-06 | 41 | 0 | Consent MOTION for Extension of Time to File for Settlement Approval from June 6, 2016 to June 20, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 06/06/2016) | |||
| 2016-06-20 | 42 | 0 | Consent MOTION for Extension of Time to File the parties deadline to submit the settlement for approval from June 20, 2016 to July 8, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 06/20/2016) | |||
| 2016-07-08 | 43 | 0 | Consent MOTION for Extension of Time to File for Settlement Approval from July 8, 2016 to July 15, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 07/08/2016) | |||
| 2016-07-15 | 44 | 0 | Consent MOTION for Extension of Time to File for Settlement Approval from July 15, 2016 to July 20, 2016 by Roberto Batres. (Kaske, Garrett) (Entered: 07/15/2016) | |||
| 2016-07-20 | 45 | 0 | MOTION for Settlement Approval, MOTION to Withdraw as Attorney by Roberto Batres. (Attachments: # 1 Exhibit A - Stipulation and [Proposed] Order of Dismissal with Prejudice) (Kaske, Garrett) (Entered: 07/20/2016) | |||
| 2016-07-20 | 46 | 0 | AFFIDAVIT/DECLARATION in Support re 45 MOTION for Settlement Approval MOTION to Withdraw as Attorney filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Kaske, Garrett) (Entered: 07/20/2016) | |||
| 2016-07-20 | 47 | 0 | MEMORANDUM in Support re 45 MOTION for Settlement Approval MOTION to Withdraw as Attorney filed by All Plaintiffs. (Kaske, Garrett) (Entered: 07/20/2016) | |||
| 2016-07-20 | 48 | 0 | AFFIDAVIT/DECLARATION in Support re 45 MOTION for Settlement Approval MOTION to Withdraw as Attorney filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Kessler, Troy) (Entered: 07/20/2016) | |||
| 2016-07-22 | 49 | 0 | AFFIDAVIT/AFFIRMATION re 45 MOTION for Settlement Approval MOTION to Withdraw as Attorney , 46 Affidavit in Support of Motion, 48 Affidavit in Support of Motion, 47 Memorandum in Support Affirmation of Service by Roberto Batres (Kaske, Garrett) (Entered: 07/22/2016) | |||
| 2016-07-22 | 50 | 0 | AFFIDAVIT/AFFIRMATION re 49 Affidavit, 45 MOTION for Settlement Approval MOTION to Withdraw as Attorney , 46 Affidavit in Support of Motion, 48 Affidavit in Support of Motion, 47 Memorandum in Support Affirmation of Service by Roberto Batres (Kaske, Garrett) (Entered: 07/22/2016) | |||
| 2016-09-15 | 51 | 0 | ORDER granting in part and denying in part 45 Motion for Settlement Approval and to Withdraw as Attorney. For the reasons set forth in the attached Order, Plaintiffs' motion is granted in part and denied in part. Plaintiffs' motion is granted insofar as Shulman Kessler is relieved as counsel for Opt-In Plaintiffs Edgar Alvarez and Melvin Maldonado. Plaintiffs' counsel is instructed to serve a copy of this Order on Alvarez and Maldonado and electronically file proof of service. Plaintiffs' motion is denied without prejudice insofar as it seeks approval of the Settlement Agreement in its current form. On or before October 14, 2016, the parties are instructed to submit a revised settlement agreement consistent with the instant Order, or, in the alternative, a letter advising the Court that they intend to proceed with litigating this action. Ordered by Magistrate Judge Steven I. Locke on 9/15/2016. (Walsh, Kenneth) (Entered: 09/15/2016) | 2016-09-20 09:31:17 | 37d38221426640906def0fff2577f9db05bd9b25 | |
| 2016-09-18 | 52 | 0 | Letter MOTION for Settlement Approval pursuant to the Court's September 15, 2016 Order (ECF No. 51) and for the Reasons Stated in Plaintiffs' Motion for Settlement Approval and to Withdraw as Attorney (ECF Nos. 46 - 48) by Jose D. Batres, Josue N. Batres, Roberto Batres. (Attachments: # 1 Exhibit 1 - Second Amendment to Settlement Agreement, # 2 Exhibit 2 - Stipulation and [Proposed] Order of Dismissal with Prejudice, # 3 Exhibit 3 - Settlement Agreement with Amendments) (Kaske, Garrett) (Entered: 09/18/2016) | |||
| 2016-09-19 | 53 | 0 | ORDER granting 52 Motion for Settlement. Having reviewed the Revised Settlement Agreement, including the Second Amendment to Settlement Agreement, the Court finds that its terms are fair and reasonable. Therefore the Settlement Agreement in this FLSA action is approved and the case is hereby closed. Ordered by Magistrate Judge Steven I. Locke on 9/19/2016. (Walsh, Kenneth) (Entered: 09/19/2016) | 2016-09-20 09:34:49 | 1bd958326071e542a1c89e79e9f3f35eaf9af664 |